Court No. - 32
Case :- WRIT - C No. - 6530 of 2018 Petitioner :- Vidhya Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel, learned counsel for the power corporation and perused the record.
The present writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari for quashing the impugned recovery certificate dated 29.4.2017 issued by the respondent no.4 i.e. Tehsildar/Recovery Officer, Tehsil-Sadabad, District Hathras with further prayer to issue writ, order or direction in the nature of mandamus commanding the respondent authority not to adopt any coercive measures by means of arrest attachment and auction of the property of the petitioner.
Learned counsel for the petitioner submitted that petitioner had valid electricity connection and he was paying regularly electric charges subsequently, electric connection was disconnected on 26.2.2017 on the ground of non payment of bill. He further submitted that petitioner is ready to deposit the dues of electric charges but from perusal of the papers of the respondents, it is clear that there is some clerical mistake in issuing the recovery certificate for a sum of Rs.1,17555/- though it should be Rs.17,555/- hence the request was to get it correct and issue correct bill but till date no correct bill has been issued hence action of the respondent power corporation is arbitrary, illegal and unfair.
Learned counsel for the power corporation submitted that there was no illegality since there was dues and when the bill was not paid then the recovery certificate was issued. He further submitted that there was not only dues regarding the electricity charges but subsequently after the disconnection the electricity was consumed hence there was theft of electricity also.
Considered the submissions of learned counsel for the parties. If an application is moved before the respondent no.3 within two weeks to issue a correct bill then the respondent no.3 will consider the same and get a corrected bill issued, at the earliest. After corrected bill is served to the petitioner if the amount is not deposited within two weeks then the respondent power corporation will have liberty to initiate recovery proceeding. Till then recovery proceeding in pursuance of the citation dated 29.4.2017 shall be kept in abeyance.
Accordingly, present writ petition is finally disposed off.
Order Date :- 27.2.2018 Pramod